These elements are difficult for potential plaintiffs to establish for several reasons.

The attorney general would not represent any of the potential plaintiffs.

The owners or occupiers are not an endless indeterminate class of potential plaintiffs.

The potential plaintiffs, about 60 families, agreed to forgo litigation for an 18-month period, which ends in August.

The offensive use encourages potential plaintiffs to sit and "test the waters" to see the strength of the defendant's case.

The ads are working, too: hundreds of potential plaintiffs have called.

And they are potential plaintiffs because they lent money to the company.

As events were clarified amongst the potential plaintiffs, threat of legal action faded.

Finally, the Internet and television advertising have made finding potential plaintiffs much easier, plaintiffs' lawyers say.

That secrecy can deprive citizens, including other potential plaintiffs, of the chance to see whether a public health hazard remains.